BPH Migas Oversee Operations, Not Activity Penal Law


Jakarta – Regulatory Agency for Upstream Oil and Gas (BP Migas) is theAgency tasked with doing the regulation and supervision of the supply anddistribution of fuel and natural gas transportation business activities throughthe pipe.

Head of BPH Migas Andy Noorsaman Sommeng asserted, in the oil and gas law number 22 of 2001 Article 41, paragraph 3 states that the exercise ofsupervision over the implementation of downstream activities based licensesheld by the Governing Body.

“So we (BPH Migas) supervise business activities instead of penal law activities. BPH Migas did not have a Civil Servant (investigators). PPNS exists in us because he happened to be employed in BPH Migas”, said Andy asMeetings With Opinion (RDP) the House of Representatives Commission VII, Senayan, Wednesday (11/19/2014).

Previous Chairman of the House of Representatives Commission VII Kardaya Warnika reveal the presence ofinvestigators in BPH Migas. According to him, is PPNS Oil and Gas, the Law was given the authority to conductinvestigations and criminal investigations of oil and gas.

“Article 50 of the Law of Oil and Gas of the investigator said that, in addition to investigating officers at the StatePolice of the Republic of Indonesia is certain civil servants in the department in the scope of duties responsibilities includes oil and gas business activities are given special authority as investigators as referred to in Law No. 8 of 81 on the law criminal procedure to conduct a criminal investigation was carried out in the oil and gas business activities”, said Kardaya.

If there are investigators in BPH Migas then he is responsible for carrying out surveillance. Do not let the law whichhas already earned made but not implemented, so that the abuses and others can not be overcome.

Andy added it is true there are investigators. But in accordance with the provisions of BPH Migas it does not haveinvestigators, although there are employees investigators. Who has the authority to investigators that the Directorate-General or the Ministry.

So BPH Migas had proposed to the government to set up a national team offense subsidized fuel reduction, but it can not because it is not the authority of BPH Migas to propose but must be proposed by the Director-General.

“It was clear at all. So the investigators were not under the Agency under the Ministry of execution such as BPHMigas”, said Andy.


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